key to the study guide - Name

Limitation on
publication
Exceptions
Constitutionality of
provision
216
4 A FINAL ORDER FOR COSTS
You need only read the section under this heading on page 196 of the
textbook.
5 THE LIMITATION ON PUBLICATION OF PARTICULARS OF A DIVORCE
Your textbook explains on pages 186±187 that, in terms of section 12 of
the Divorce Act, only certain particulars regarding a divorce action may be
published for public knowledge. You must know which particulars may be
published. You must also study the exceptions to the limitation on
publication of particulars regarding a divorce action. In other words, you
must know when additional particulars may be published.
Lastly, you must be able to explain why the limitation on the publication
of particulars of a divorce is probably unconstitutional.
ACTIVITY
Indicate whether the following statements are correct. If a particular
statement is incorrect, please rectify it.
(1) A divorce action is only an action for a decree of divorce, and other
relief in connection with a divorce.
(2) A court will have jurisdiction in a divorce action if the wife is
domiciled in the court's area of jurisdiction.
(3) Divorces can also be heard in the magistrates' court.
(4) Rule 43 of the Uniform Rules of Court applies to applications after the
granting of a divorce order.
(5) The limitation contained in section 12 of the Divorce Act 70 of 1979
can easily be achieved by less restrictive means.
FEEDBACK
(1) False. A divorce action also includes:
. an application pendente lite for an interdict, interim custody of, or
access to, a minor child of the marriage, or the payment of
maintenance
. an application for a contribution towards the costs of a divorce
action
. an application to institute the action or make the application in
forma pauperis
. an application for substituted service of process in the action or
application, and
. an application for edictal citation of a party to the action or
application